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R v Reuben [2018] NZDC 14849

Published 15 August 2019

Sentencing — doing an indecent act in a public place — sexual violation by unlawful sexual connection — injuring with intent to injure — theft — Sentencing Act 2002, ss 8, 10A & 16 — R v AM [2010] 2 NZLR 750 — R v Anderson CA199/05, 2 November 2005. The defendant appeared for sentence on four charges — doing an indecent act in a public place, sexual violation by unlawful sexual connection, injuring with intent to injure, and theft. The first charge involved the defendant exposing himself to two women in a supermarket. The other three charges arose from an incident the following day, when he attacked a woman in an isolated area at night, choking her, sexually assaulting her and stealing her wallet and cellphone. A prison sentence was inevitable. The start point for sentence, following the tariff case of R v AM, was eight years. The Court awarded discounts for youth (the defendant was 17 at the time of the offending), mental health disorders, and guilty plea. The final sentence was four years' imprisonment. Judgment Date: 20 July 2018.